Application and
Appeals under Section 289 of the Town & Country Planning Act

What is a section
289?

This is a challenge to
an inspector's decision letter on appeal from an enforcement notice.
Permission of the Court is required to bring such an appeal.

What are the time
limits?

The application for
permission to appeal must be made within
28 days after the date on which notice of the decision was given to
the applicant . The Court has the power to extend the time.
If the application is lodged out of time, the reasons for delay must be
given within the grounds of the application. All documents in support of
the application must be served on the defendant(s) before the
application can be lodged at the Administrative Court Office.

What documents is
required to make an application?

1.An affidavit or Witness
statement in support of the application. The decision of the Planning
Inspectorate must be included as an exhibit.

2.A draft claim form plus
one copy. Form N161. Please
note that draft forms under s.289 do not strictly need to be
signed.

3.An Affidavit or Witness
statement confirming the names and addresses of those served and the
date of service. If a person who ought to have been served has not been
served, the affidavit or Witness Statement must explain the reason for
the failure to serve that person.

4.An indexed and paginated
bundle of copy documents (including a copy of the application form and
the affidavit or Witness statement and exhibit), together with a list of
essential readings i.e., a list highlighting the pages within the bundle
which are essential for the Judge to read. This is a requirement of the
Practice Direction issued by the Lord Chief Justice dated 25 October
1994 (a copy of which can be obtained from the Administrative Court
Office).

How much is the
fee?

There is a fee of £30.00
payable when issuing the application for permission to apply. Please
make all cheques and payable orders payable to HMPG. Solicitors or
Companyís cheques are both acceptable. Personal cheques are not
acceptable unless supported by a Bankerís cheque guaranteed card,
presented in the fee room at the time of lodging the application.
Otherwise litigants in person will need to submit Postal Orders.

Where an extension of
time for lodging the appeal is sought a fee of £100 is required.

When
will the first hearing be heard?

The first hearing, the
Permission Stage, should be listed within two months. This is generally
done on 3 weeks notice to the defendants

What happens if
the Judge grants permission?

If the Judge grants
permission, you then have seven days to lodge 5 copies of the claim form
(N161) and a fee of £100.00 made payable to HMPG. Solicitors or
Companyís cheques are both acceptable. Personal cheques are not
acceptable unless supported by a Bankerís cheque guaranteed card,
presented in the fee room at the time of lodging the application.
Otherwise litigants in person will need to submit Postal Orders.

Who do I serve in
section 289 proceedings ?

1 ) The local planning
authority as defendant .

2) Treasury Solicitors
on behalf of the other defendant, The First Secretary of State, NOT
the planning inspectorate. The address for service is:

When will the
full hearing be heard?

12 days after the
motion is entered the case will go into the warned list, during these 12
days both sides should lodge all evidence in support of the application
as the case can be fixed any time from this day. The application is likely
to be listed for hearing within five months, waiting times should be
checked with the listing office.

If you require any
further information please contact the Administrative Court General
Office on 020 7947 6653/ 6655/ 6205 or the Administrative Court Lawyer
dealing with this type of cases: Mr I Freer on ext 6501.